§ 2. Recess Authority Later Than a Time Certain on That Day.(13) Before the 102D Congress, Re- Cesses in the House Were Taken by 2

Ch. 39 § 1 DESCHLER-BROWN-JOHNSON PRECEDENTS

vote of the House.(11) However, ject to the call of the Chair,(2) or when the hour previously fixed for for a five-minute period.(3) Author- a recess arrives, the Chair has de- ity to recess may be requested clared the House in recess during from the floor and be approved by a division vote.(12) unanimous consent on days set A recess may not be voted by aside to receive a message in per- (4) less than a quorum, and con- son from the President. The unanimous-consent request may sequently the motion for recess is specify the authority for the re- not in order in absence of a mainder of the current day;(5) on a (13) quorum. subsequent day in preparation for All recesses, when declared, are the counting of the electoral indicated with six bells and six vote;(6) at any time during a day lights. If a recess is declared sub- or during an afternoon of that ject to the call of the Chair, three day;(7) during the afternoon of a bells and three lights indicate the subsequent day;(8) at any time on resumption of the session in 15 two or three days during the minutes, while a recess that is de- week,(9) which has been inter- clared to a time certain for less preted as giving authority for than 15 minutes is shown to have more than one recess, one on each ( ) terminated merely by one long of the two designated days; 10 to bell showing that the House is declare multiple recesses during back in session. the remainder of the week or session;(11) to declare a recess when the Committee of the Whole rises on that day;(12) and to extend not § 2. Recess Authority later than a time certain on that day.(13) Before the 102d Congress, recesses in the House were taken by 2. See § 2.2, infra. unanimous consent and not by 3. See § 2.3, infra. motion, no motion to that effect 4. See § 2.4, infra. being privileged.(1) The Speaker 5. See § 2.5, infra. may initiate unanimous consent 6. See § 2.6, infra. without request from the floor to 7. See § 2.7, infra. declare the House in recess sub- 8. See § 2.8, infra. 9. See § 2.9, infra. 11. Id. at § 6054. 10. See § 2.10, infra. 12. 4 Hinds’ Precedents §§ 2955–2960. 11. See §§ 2.11, 2.12, infra. 13. Id. at §§ 2958–2960. 12. See § 2.13, infra. 1. See § 2.1, infra. 13. See § 2.14, infra.

726

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00738 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

Before the adoption of clause business of the House when noti- 12(b) of Rule I(14) in the 108th fied of an imminent threat to its Congress, there had been in- safety’’ and ‘‘declare an emergency stances where, pursuant to the recess subject to the call of the powers inherent in the Chair in Chair.’’ Clause 12(c) of Rule I(18) case of grave emergency, the authorizes the Speaker, if notified Speaker had called emergency re- by the Sergeant at Arms during ( ) cesses on his own initiative. 15 any recess ‘‘of an imminent im- On Sept. 11, 2001, the House pairment of the place of recon- having convened at 9 a.m. for vening at the time previously ap- ‘‘morning-hour debate’’ and having pointed . . . in consultation with recessed therefrom until 10 a.m., the Minority Leader — (1) post- as per a previous order of the pone the time for reconvening House, the Speaker pro tempore within the limits of clause 4, sec- terminated the recess at 9:52 tion 5, article I of the Constitution a.m., noting the ‘‘circumstances of and notify Members accordingly; today’’ due to terrorist attacks on or (2) reconvene the House before the United States that morning, the time previously appointed and then, having convened the solely to declare the House in re- legislative day proper eight min- cess within the limits of clause 4, utes earlier than the time prescribed, immediately following the section 5, article I of the Constitu- prayer, the Chair declared a re- tion and notify Members accord- cess subject to the call of the ingly.’’ Chair ‘‘for a short time’’ under Before the 102d Congress, the clause 12(a) of Rule I that eventu- motion to authorize a recess was ally exceeded 24 hours.(16) not privileged in the House and At the beginning of the 108th could be entertained only by ( ) Congress, the House adopted unanimous consent, 19 although a clause 12(b) of Rule I authorizing privileged motion to recess was the Speaker (and by extension the permitted by rule from 1880 to Chairman of the Committee of the 1890.(20) Whole pursuant to clause 12 of Pursuant to clause 4 of Rule Rule XVIII),(17) to ‘‘suspend the XVI,(21) a motion to authorize the

14. House Rules and Manual § 639 18. House Rules and Manual § 639 (2007). (2007). 15. See §§ 2.18, 2.19, infra. 19. 8 Cannon’s Precedents § 3354. 16. See § 2.17, infra. 20. Id. at § 3356. 17. House Rules and Manual § 992 21. House Rules and Manual § 911 (2007). See §§ 2.15, 2.16, infra. (2007).

727

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00739 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

Speaker to declare a recess was stitutional constraint that neither given equal privilege beginning in House may (recess or) adjourn for the 102d Congress to the motion more than three days without the to adjourn, or to the motion that consent of the other House. when the House adjourns it stand In the 103d Congress, clause 12 adjourned to a day and time cer- was added to Rule I(24) to author- tain, to be decided without debate, ize the Speaker to declare a recess but only when the Speaker in his subject to the call of the Chair in discretion recognized for that pur- order to ‘‘suspend the business of pose. the House for a short time when This privileged motion was first no question is pending before the offered on Dec. 15, 1995, in the House.’’(25) The Speaker’s declara- form that ‘‘the Speaker may be tion under this clause may follow authorized to declare recesses his postponement of a question subject to the call of the chair under clause 8 of Rule XX be- through Monday, December 18, cause, after postponement, a ques- 1995.’’ On that occasion the Chair tion is no longer pending before ( ) indicated that the motion was the House. 26 A Member’s mere privileged, nondebatable, and re- revelation that he seeks to offer a quired a quorum for adoption.(22) motion to adjourn, in response to The motion authorized the dec- the Chair’s inquiry ‘‘for what pur- laration of numerous recesses dur- pose does the gentleman rise?’’, ing the three calendar-day period does not suffice to make that mo- specified in the motion and was tion ‘‘pending’’ so as to prevent a (27) constitutionally permitted without declaration of a recess. Senate consent under art. I, § 5 of Parliamentarian’s Note: The the Constitution. Speaker has used the authority under clause 12 of Rule I,(28) to re- On Dec. 21, 1995,(23) a privi- cess the House overnight with ir- leged resolution reported from the regular, but increasing, frequency, Committee on Rules was called sometimes to permit a conference up, amended, and adopted. It authorized the Speaker to declare 24. House Rules and Manual § 638 recesses subject to calls of the (2007). Chair during three discrete peri- 25. 139 CONG. REC. 49, 103d Cong. 1st ods, each consistent with the con- Sess., Jan. 5, 1993. 26. See § 2.23, infra. 22. Speaker pro tempore James Longley 27. See §§ 2.22, 2.24, infra. (ME). See § 2.20, infra. 28. House Rules and Manual § 638 23. See § 2.21, infra. (2007).

728

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00740 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

report to be filed, then after a fur- announced that further consider- ther recess, usually to permit the ation of the bill would be contin- Committee on Rules to meet and ued the next day. file a privileged report on the first The SPEAKER. The question is on legislative day (albeit sometimes the engrossment and third reading of the bill. the next calendar day) and then Mr. [John Bell] WILLIAMS. Mr. to adjourn to the next legislative Speaker, I demand the reading of the day on that same calendar day in engrossed copy of the bill. order to consider the special order The SPEAKER. The further consideration of the bill will go over until to- of business under clause 6(a) of morrow. Rule XIII(29) without the necessity Mr. [Paul] JONES of Missouri. Mr. for a two-thirds vote. There is no Speaker, would it be in order to make a motion to vote on the engrossed copy time period attached to the term of the bill at 7 o’clock this evening? ‘‘short’’ in clause 12 of Rule I. For The SPEAKER. That motion would example, ‘‘short’’ recesses in ex- not be in order. cess of eight hours occurred twice Mr. JONES of Missouri. I thank the Speaker. in 1995 and once in 1994.(30) In the second session of the 82d f Congress,(2) Mr. John E. Rankin, of Mississippi, moved that the Unanimous Consent House take a recess until the next day: § 2.1 Before the 102d Congress, Mr. RANKIN. Mr. Speaker, I move the motion to recess was not that the House take a recess until to- privileged and could only be morrow morning at 12 o’clock. entertained by unanimous The SPEAKER.(3) That motion is not consent. in order. On Mar. 23, 1960,(1) after a de- § 2.2 The Speaker may, by mand was made for the reading of unanimous consent, at his an engrossed copy of a bill, Speak- own initiative, declare the er Sam Rayburn, of Texas, indi- House in recess subject to his cated that it would not be in order call. to move that the House stand in On Oct. 22, 1966,(1) near the recess to await the preparation of end of the second session of the the engrossed copy. The Speaker 2. 98 CONG. REC. 6375, 82d Cong. 2d 29. Id. at § 857. Sess., June 2, 1952. 30. See, e.g., §§ 2.25–2.27, infra. 3. Sam Rayburn (TX). 1. 106 CONG. REC. 6400, 6401, 86th 1. 112 CONG. REC. 28881, 89th Cong. Cong. 2d Sess. 2d Sess.

729

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00741 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

89th Congress, Speaker John W. There was no objection. McCormack, of Massachusetts, de- Accordingly (at 12 o’clock and 57 clared a recess on his own initia- minutes p.m.), the House stood in re- tive as indicated below: cess. The SPEAKER. Without objection, f the Chair will declare a recess subject to the call of the Chair. AFTER RECESS Accordingly (at 1 o’clock and 30 minutes p.m.), the House stood in recess The recess having expired, the subject to the call of the Chair. House was called to order by the Speaker at 1 o’clock and 2 minutes f p.m.

AFTER RECESS § 2.4 By unanimous consent, it The House having expired at 3 may be made in order at any o’clock and 29 minutes p.m., the House was called to order by the Speaker. time during a day to move to Parliamentarian’s Note: The take a recess. Speaker declared several recesses On Jan. 3, 1938,(1) the opening preceding adjournment sine die, day of the third session of the each time doing so by unanimous 75th Congress, the Speaker(2) consent. The House did not, by asked unanimous consent that at resolution or by a formal unani- any time on that date it be in mous-consent agreement, give the Speaker any special authority to order to move to recess. The declare recesses in the last days of House was awaiting the arrival of the session. the President to deliver an address. § 2.3 The Speaker, without ob- Parliamentarian’s Note: That jection, declared the House request made in order at any time in recess for a five-minute a motion to recess on the opening period. day of the 75th Congress, second On Apr. 19, 1966,(1) Speaker session, rather than the cus- John W. McCormack, of Massa- tomary authority for the Speaker chusetts, called a five-minute re- to declare recesses. cess: ORDER OF BUSINESS RECESS Mr. [Sam] RAYBURN [of Texas]. Mr. The SPEAKER. Without objection, Speaker, I ask unanimous consent that the House will stand in recess for 5 minutes. 1. 83 CONG. REC. 7, 75th Cong. 3d 1. 112 CONG. REC. 8406, 89th Cong. 2d Sess. Sess. 2. William B. Bankhead (AL).

730

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00742 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

it may be in order at any time during asked unanimous consent author- this day, Monday, January 3, 1938, to izing the Speaker(2) to declare a move to recess the House. The SPEAKER. Is there objection to recess: the request of the gentleman from Mr. McCORMACK. Mr. Speaker, I Texas? ask unanimous consent that on Janu- There was no objection. ary 6, 1961, it may be in order for the Speaker to declare a recess at any time § 2.5 The Speaker has been au- subject to the call of the Chair. thorized to declare a recess The SPEAKER. Is there objection to at any time during the re- the request of the gentleman from mainder of the day. Massachusetts? There was no objection. On Mar. 25, 1959,(1) Mr. John W. McCormack, of Massachusetts, Parliamentarian’s Note: The asked for unanimous consent that purpose of the authorization was it be in order for the Speaker(2) to to allow the Speaker to declare re- declare a recess, as follows: cesses on the day set for the counting of the electoral vote. AUTHORITY TO DECLARE RECESS TODAY § 2.7 The Speaker may be au- Mr. McCORMACK. Mr. Speaker, I thorized to declare a recess ask unanimous consent that it may be in order for the Speaker for the re- at any time during a day, mainder of the day to declare a recess. subject to the call of the The SPEAKER. Without objection, it Chair. is so ordered. (1) There was no objection.(3) On May 20, 1971, Mr. Hale Boggs, of Louisiana, asked unani- § 2.6 The Speaker was author- mous consent that it might be in ized to declare a recess on a order for the Speaker to declare a specified day at any time recess on that date, subject to the subject to the call of the call of the Chair. Chair. The two Houses had gone to On Jan. 3, 1961,(1) Mr. John W. conference on a bill earlier that McCormack, of Massachusetts, day (H.R. 8190, making supplemental appropriations for fiscal 1. 105 CONG. REC. 5264, 86th Cong. 1st 1971). Anticipating that the con- Sess. ferees could reach an early agree- 2. Sam Rayburn (TX). ment, the Speaker was authorized 3. See also 108 CONG. REC. 19258, 87th Cong. 2d Sess., Sept. 12, 1962. 2. Sam Rayburn (TX). 1. 107 CONG. REC. 27, 87th Cong. 1st 1. 117 CONG. REC. 16148, 92d Cong. 1st Sess. Sess.

731

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00743 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

to declare a recess after the con- Mr. GROSS. I would like to address clusion of other legislative busi- that question to the majority leader. Mr. BOGGS. The gentleman would ness to await the filing of the re- have to address that question to the port. distinguished chairman of the Com- mittee on Appropriations. AUTHORIZING SPEAKER TO DECLARE RECESS TODAY Mr. GROSS. I yield to the gentleman from Texas. Mr. BOGGS. Mr. Speaker, I ask Mr. MAHON. It would be my unanimous consent that it may be in thought that an early decision can order for the Speaker to declare a re- probably be reached on the second sup- cess today subject to the call of the plemental appropriation bill and, if an Chair. early decision is not reached, then I The SPEAKER.(2) Is there objection would not recommend that the House to the request of the gentleman from be kept in session indefinitely. Louisiana?... Mr. GROSS. Of course, the House Mr. [H. R.] GROSS [of Iowa]. Mr. would not be in session indefinitely. Speaker, further reserving the right to The House would be in recess. But object, and I will yield to the gen- what I am trying to find out is does a tleman from Texas (Mr. MAHON) if he recess contemplate a session tonight? wishes me to. Mr. MAHON. In my judgment, the House ought to adjourn after a brief AUTHORIZING CONSIDERATION OF recess if it develops that we cannot CONFERENCE REPORT ON SECOND SUPPLEMENTAL APPROPRIATIONS, come to a quick agreement, and at the 1971 moment it is not anticipated that we would wait until after 6 o’clock on this Mr. [George H.] MAHON. I thank matter. the gentleman for yielding. Mr. GROSS. And the gentleman My purpose is to ask unanimous con- would be kind enough to advise the sent that it may be in order at any leadership of the House, I assume, if time after the filing of the conference he saw that a conference agreement report on the second supplemental ap- could not be reached until evening? propriation bill to call up the con- Mr. BOGGS. Mr. Speaker, will the ference report for consideration. gentleman yield to me? Mr. GROSS. Mr. Speaker, that adds Mr. GROSS. Yes, of course I yield to to the pertinence of the question I was the gentleman from Louisiana. about to ask. Does this request for a Mr. BOGGS. I concur with the dis- recess mean that we might be in recess tinguished gentleman from Texas. It is until tonight, this evening, or into the not the intention of the leadership to night on this thing? Does anyone have keep the House here late this evening. any idea about the extent of the pro- Mr. GROSS. I thank the gentleman. posed recess? Mr. Speaker, I withdraw my reserva- Mr. MAHON. Mr. Speaker, will the tion. gentleman yield? The SPEAKER. Is there objection to the request of the gentleman from Lou- 2. Carl Albert (OK). isiana?

732

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00744 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

There was no objection. Speaker at 3 o’clock and 50 minutes The SPEAKER. Is there objection to p.m. the request of the gentleman from Texas? § 2.8 The Speaker may be au- There was no objection. thorized to declare a recess Similarly, on Apr. 17, 1957,(3) on the following day at any H.R. 4249, making certain urgent time subject to the call of the deficiency appropriations, was Chair. pending but had not been agreed (1) to by both Houses. The House had On May 26, 1959, Mr. John W. McCormack, of Massachusetts, agreed to House Joint Resolution asked that it might be in order on 312, carrying only those appro- the following day for the Speaker priations of the bill (H.R. 4249) to declare a recess: not in controversy. When the request for authority for the Speak- Mr. McCORMACK. Mr. Speaker, I er to declare a recess came, the ask unanimous consent that it may be in order tomorrow for the Speaker to House was awaiting Senate action declare a recess subject to the call of on the joint resolution to clear the the Chair. way for Easter recess: The SPEAKER.(2) Is there objection to the request of the gentleman from Mr. [Carl] ALBERT [of Oklahoma]. Massachusetts? Mr. Speaker, I ask unanimous consent that it may be in order for the Speaker There was no objection. to declare a recess at any time subject On May 24, 1946,(3) Mr. McCor- to the call of the Chair this afternoon. mack asked unanimous consent ( ) The SPEAKER. 4 Is there objection that it be in order at any time the to the request of the gentleman from Oklahoma? following afternoon for the Speak- There was no objection. er to declare a recess: The SPEAKER. The House stands in Mr. McCORMACK. Mr. Speaker, I recess subject to the call of the Chair. ask unanimous consent that it be in The bells will be rung 15 minutes before the House reassembles. 1. 105 CONG. REC. 9155, 86th Cong. 1st Accordingly (at 2 o’clock p.m.) the Sess. House stood in recess subject to the Parliamentarian’s Note: Funeral call of the Chair. services for John Foster Dulles, a f former Senator and Secretary of State, were scheduled to be held at AFTER RECESS the Washington Cathedral on the The recess having expired, the May 27, 1959. The recess was for the House was called to order by the convenience of Members desiring to attend. 3. 103 CONG. REC. 5943, 85th Cong. 1st 2. Sam Rayburn (TX). Sess. 3. 92 CONG. REC. 5683, 79th Cong. 2d 4. Sam Rayburn (TX), Sess.

733

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00745 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

order for the Speaker to declare a re- On Apr. 8, 1964,(1) Speaker cess at any time tomorrow afternoon. John W. McCormack, of Massa- The SPEAKER. Is there objection to chusetts, responded to certain the request of the gentleman from parliamentary inquiries relative to Massachusetts? his authority to declare recesses:(2) There was no objection. Mr. [Charles A.] HALLECK [of Indi- § 2.9 The Speaker was author- ana]. Mr. Speaker, a parliamentary inquiry. ized to declare recesses at The SPEAKER. The gentleman will any time on three days dur- state it. ing the week subject to the Mr. HALLECK. Mr. Speaker, a short call of the Chair. while ago the Speaker declared a recess. Am I to understand that that was On Dec. 21, 1970,(1) Mr. Carl Al- done under the unanimous-consent re- bert, of Oklahoma, obtained unan- quest that was given yesterday for the imous consent to permit the MacArthur ceremonies in the Capitol? ( ) The SPEAKER. The Chair will state Speaker 2 to declare recesses on that the unanimous-consent request certain days of the week: made by the gentleman from Okla- homa [Mr. ALBERT], was as follows: Mr. ALBERT. Mr. Speaker, I ask unanimous consent that it be in order Mr. Speaker, I ask unanimous con- during Monday, Tuesday, and Wednes- sent that it may be in order at any time on Wednesday and Thursday day of this week for the Speaker to de- for the Chair to declare a recess sub- clare a recess at any time subject to ject to the call of the Chair. the call of the Chair. Mr. HALLECK. In other words, Mr. The SPEAKER. Is there objection to Speaker, that conferred blanket au- the request of the gentleman from thority, but is it not also true that Oklahoma? There was no objection. 1. 110 CONG. REC. 7304, 88th Cong. 2d Sess. § 2.10 An agreement to a unan- 2. See also 110 CONG. REC. 7119, 88th imous-consent request that it Cong. 2d Sess., Apr. 7, 1964, where shall be in order ‘‘at any time recesses on both Wednesday and on Wednesday and Thurs- Thursday were required in connec- day’’ for the Chair to declare tion with lying-in-state ceremonies a recess has been interpreted in the Rotunda for General Douglas MacArthur. Under this authority, as giving authority for more the Speaker also declared a recess on than one recess on the two Wednesday evening to allow time for designated days. the preparation of an engrossed copy of H. R. 10222, the Food Stamp Act 1. 116 CONG. REC. 43094, 91st Cong. 2d of 1964. See also Ch. 38 § 9.12, Sess. supra, for additional information on 2. John W. McCormack (MA). the death of General MacArthur.

734

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00746 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

what we had in mind were the Mac- PERMISSION FOR THE SPEAKER Arthur ceremonies? TO DECLARE A RECESS ANY TIME THIS WEEK The SPEAKER. The Chair will state that the unanimous-consent request Mr. ALBERT. Mr. Speaker, I ask gave authority to the Chair to declare unanimous consent that for the bal- a recess. ance of this week it may be in order for Mr. [Charles S.] GUBSER [of Cali- the Speaker to declare a recess at any fornia]. Mr. Speaker, a parliamentary time subject to the call of the Chair. (2) inquiry. The SPEAKER. Is there objection to the request of the gentleman from The SPEAKER. The gentleman will Oklahoma? state it. There was no objection. Mr. GUBSER. Mr. Speaker, is it not correct that the authority given to the Similarly, in the second session Chair was for a recess in the singular, of the 85th Congress,(3) certain in- and that that one recess has already terim powers, including the au- been had and, therefore, a second re- thority to declare recesses, were cess is out of order? granted to the Speaker by unani- The SPEAKER. The Chair will read mous consent. again for the benefit of the gentleman the request. INTERIM POWERS TO THE SPEAKER Mr. Speaker, I ask unanimous consent that it may be in order at any Mr. ALBERT. Mr. Speaker, I renew time on Wednesday and Thursday my request made earlier today. for the Chair to declare a recess subject to the call of the Chair. Mr. Speaker, I ask unanimous consent that at any time during the re- The Chair exercised the authority mainder of the week it may be in order given by that unanimous-consent re- for the Speaker to declare recesses quest which was granted by the House. subject to the call of the Chair; to consider conference reports the same day § 2.11 The Speaker was author- reported, notwithstanding the provi- ized to declare a recess dur- sions of clause 2 of rule XXVIII; and ing the remainder of the that reports from the Committee on Rules may be considered at any time, week, subject to the call of notwithstanding the provisions of the Chair. clause 22 of rule XI. ( ) On Dec. 15, 1967,(1) Mr. Carl Al- The SPEAKER. 4 Is there objection bert, of Oklahoma, asked unani- to the request of the gentleman from Oklahoma? mous consent that the Speaker be permitted to declare a recess: 2. John W. McCormack (MA). 3. 104 CONG. REC. 19174, 85th Cong. 1. 113 CONG. REC. 37126, 90th Cong. 2d Sess., Aug. 22, 1958. 1st Sess. 4. Sam Rayburn (TX).

735

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00747 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

Where was no objection. that the Speaker might declare a recess at any time until the end of § 2.12 The Speaker may be au- the session: thorized, during the remainder of the session, to declare AUTHORIZING THE SPEAKER TO a recess at any time. DECLARE A RECESS On Sept. 11, 1959,(1) Mr. John Mr. McCORMACK. Mr. Speaker, I W. McCormack, of Massachusetts, ask unanimous consent that for the balance of this session it may be in obtained unanimous consent that order for the Speaker to declare a re- the Speaker be authorized for the cess at any time subject to the call of balance of the session to declare the Chair. recesses subject to the call of the The SPEAKER. Is there objection to Chair. the request of the gentleman from CERTAIN PROCEDURE FOR THE Massachusetts? BALANCE OF THIS SESSION There was no objection. Mr. McCORMACK. Mr. Speaker, I ask unanimous consent that it shall be § 2.13 By unanimous consent, in order during the remainder of this the Speaker was authorized session of Congress . . . for the Speak- er to declare recesses subject to the to declare a recess at any call of the Chair[.]... time later in the day after The SPEAKER.(2) Is there objection the Committee of the Whole to the request of the gentleman from had risen, subject to the call Massachusetts? of the Chair. Mr. [Charles A.] HALLECK [of Indi- ana]. Mr. Speaker, reserving the right On May 18, 1971,(1) a Member to object—and I shall not object—these made the following unanimous- matters were all cleared with me. They are the customary procedures that are consent request: adopted when we come up to the close Mr. [Hale] BOGGS [of Louisiana]. of the session.... Mr. Speaker, I ask unanimous consent The SPEAKER. Is there objection to that when the Committee of the Whole the request of the gentleman from rises today it may be in order for the Massachusetts [Mr. MCCORMACK]? Chair to declare a recess subject to the There was no objection. call of the Chair. ( ) On Aug. 29, 1957, 3 Mr. McCor- The SPEAKER.(2) Is there objection mack asked unanimous consent to the request of the gentleman from Louisiana?... 1. 105 CONG. REC. 19128, 19129, 86th There was no objection. Cong. 1st Sess. 2. Sam Rayburn (TX). 1. 117 CONG. REC. 15612, 15613, 92d 3. 103 CONG. REC. 16527, 85th Cong. Cong. 1st Sess. 1st Sess. 2. Carl Albert (OK).

736

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00748 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

Parliamentarian’s Note: The Speaker be authorized to declare Committee on Interstate and For- a recess as follows: eign Commerce was preparing to AUTHORITY FOR SPEAKER TO report House Joint Resolution 642 DECLARE RECESS (emergency railroad strike legisla- Mr. [Hale] BOGGS [of Louisiana]. tion) and to obtain a rule from the Mr. Speaker, I ask unanimous consent Committee on Rules providing for that the Speaker be authorized to de- the immediate consideration of clare a recess, subject to the call of the the joint resolution, notwith- Chair, with the understanding that standing the three-day layover re- such a recess shall not extend beyond quirement of Rule XI clause 27.(3) 10:30 p.m. this evening. ( ) The leadership hoped to call up The SPEAKER. 2 Is there objection the rule, and then the bill, imme- to the request of the gentleman from Louisiana? diately after they were reported, There was no objection. and to interrupt consideration of H.R. 3613 (Emergency Employ- For Emergencies ment Act of 1971) if necessary. The leadership agreed to proceed § 2.15 Under clause 12(b)(2) of with some general debate on H.R. Rule I,(1) the Chairman of the 3613 and then, when the Com- Committee of the Whole(2) mittee rose, to adjourn to await may ‘‘suspend the business of the necessary committee reports the House when notified of on the railroad strike legislation. an imminent threat to its safety’’ by declaring a recess § 2.14 By unanimous consent, the Speaker was authorized 2. Carl Albert (OK). to declare a recess, subject to 1. House Rules and Manual § 639 the call of the Chair, to ex- (2007). See also 149 CONG. REC. 7, tend not later than a time 108th Cong. 1st Sess., Jan. 7, 2003 certain on that day. (H. Res. 5 [§ 2(c)]). 2. Pursuant to clause 12 of Rule XVIII, ( ) On Oct. 14, 1972, 1 a Member House Rules and Manual § 992 asked unanimous consent that the (2007), rules of the House apply in the Committee of the Whole and the 3. An amended version of this rule can Chairman of the Committee of the be found under Rule XIII clause 4, Whole possesses the same authority House Rules and Manual § 850 as the Speaker, and therefore the (2007). Committee rose and the House re- 1. 118 CONG. REC. 36474, 92d Cong. 2d cessed simultaneously without a re- Sess. port to the House.

737

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00749 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

subject to the call of the On May 11, 2005,(2) emergency Chair. authority to declare a recess was On June 29, 2005,(3) the fol- exercised for the first time by Speaker pro tempore Michael K. lowing proceedings occurred: Simpson, of Idaho. The House b 1830 stood in emergency recess for 90 minutes. RECESS RECESS The CHAIRMAN (during the vote).(4) Pursuant to clause 12(b) of rule I, the The SPEAKER pro tempore (during House will stand in emergency recess the vote). Pursuant to clause 12(b) of subject to the call of the Chair. rule I, the House will stand in emer- Accordingly (at 6 o’clock and 30 min- gency recess subject to the call of the Chair. utes p.m.), the House stood in emer- Accordingly (at 12 o’clock and 5 min- gency recess subject to the call of the utes p.m.), the House stood in emer- Chair. gency recess subject to the call of the f Chair.

f b 1923

AFTER RECESS b 1335 The recess having expired, the Com- AFTER RECESS mittee on the Whole House on the The recess having expired, the State of the Union resumed its sitting House was called to order by the at 7 o’clock and 23 minutes p.m. with Speaker pro tempore (Mr. SIMPSON) at Mr. MCHUGH in the chair. 1 o’clock and 35 minutes p.m.

§ 2.16 Under clause 12(b)(1) of § 2.17 The Chair exercised in- Rule I,(1) the Speaker may herent emergency authority ‘‘suspend the business of the to terminate the recess from House when notified of an ‘‘morning-hour debate’’ to the imminent threat to its safe- legislative day proper at a ty,’’ by declaring a recess time other than that pre- subject to the call of the viously established (by the Chair. announcement from the Chair at 9:20 a.m. and also by 3. 151 CONG. REC. 14835, 109th Cong. standing order in the resolu- 1st Sess. tion establishing convening 4. John McHugh (NY). 1. House Rules and Manual § 639 2. 151 CONG. REC. 9163, 9164, 109th (2007). Cong. 1st Sess.

738

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00750 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

times for the session), noting MORNING HOUR DEBATES ‘‘the circumstances of today’’ The SPEAKER.(3) Pursuant to the in allusion to terrorist at- order of the House of January 3, 2001, tacks on the United States, the Chair will now recognize Members and having convened the leg- from lists submitted by the majority and minority leaders for morning hour islative day proper eight debates. The Chair will alternate rec- minutes earlier than the time ognition between the parties, with each prescribed, immediately fol- party limited to not to exceed 25 min- lowing the prayer the Chair utes, and each Member except the ma- declared a recess subject to jority leader, the minority leader or the minority whip limited to not to exceed the call of the Chair under 5 minutes, but in no event shall debate clause 12(a) of Rule I.(1) extend beyond 9:50 a.m. Parliamentarian’s Note: The The Chair recognizes the gentleman from Oregon (Mr. BLUMENAUER) for 5 House reconvened at 9:52 a.m. on minutes.... Sept. 11, 2001, as the Capitol was f being evacuated following the terrorist attacks on the World Trade RECESS Center and the Pentagon, amid The SPEAKER pro tempore.(4) There reports that unidentified aircraft being no further requests for morning had entered the airspace sur- hour debates, pursuant to clause 12, rounding the Capitol. The Speaker rule I, the House will stand in recess until 10 a.m. today. was escorted from the Chamber Accordingly (at 9 o’clock and 20 min- and taken to an undisclosed loca- utes a.m.) the House stood in recess tion shortly before the House con- until 10 a.m. today.

vened. A couple of hours after the f evacuation, the bipartisan leadership decided that the Capitol b 0952 would not reopen for the rest of AFTER RECESS the day. The House was called to order by the The following proceedings took Speaker pro tempore (Mr. GOSS) at 9 place on that date:(2) o’clock and 52 minutes a.m., thereby terminating the recess. The House met at 9 a.m. The SPEAKER pro tempore. Due to the circumstances of today, the Chair 1. House Rules and Manual § 638 calls the House to order at this time. (2007). 2. 147 CONG. REC. 16750, 16752, 107th 3. J. Dennis Hastert (IL). Cong. 1st Sess. 4. Porter J. Goss (FL).

739

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00751 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

The prayer will be offered by the discharge of firearms, from the south- guest chaplain. west House Gallery (No. 11), inter- rupted the counting of the vote; the f Speaker, pursuant to the inherent PRAYER power lodged in the Presiding Officer in the case of grave emergency, after The Reverend Gerard Creedon, St. ascertaining that certain Members had Charles Borromeo Catholic Church, of- been wounded and to facilitate their fered the following prayer: care, at 2 o’clock and 32 minutes p. m. God of peace and life, send Your declared the House in recess, subject to spirit to heal our country; bring con- the call of the Chair. solation to all injured in today’s trag- edy in New York and Washington. Pro- The Members wounded were: Mr. tect us and help our leaders to lead us BENTLEY of Michigan, Mr. DAVIS of out of this moment of crisis to a new Tennessee, Mr. FALLON of Maryland, day of peace. Amen. Mr. JENSEN of Iowa, and Mr. ROBERTS of Alabama. f f RECESS AFTER RECESS The SPEAKER pro tempore. The House will stand in recess subject to The recess having expired, the the call of the Chair, pursuant to House was called to order by the clause 12 of rule I. Speaker at 2 o’clock and 42 minutes Accordingly (at 9 o’clock and 53 min- p.m. utes a.m.), the House stood in recess subject to the call of the Chair. f

§ 2.18 The Speaker, in case of ADJOURNMENT grave emergency, may exer- Mr. [Charles A.] HALLECK [of Indi- cise the inherent authority of ana]. Mr. Speaker, I move that the his position and declare the House do now adjourn. House in recess on his own The motion was agreed to; accord- initiative, subject to the call ingly (at 2 o’clock and 43 minutes p. m.) the House adjourned until tomor- of the Chair. row, Tuesday, March 2, 1954, at 12 On Mar. 1, 1954,(1) the following o’clock noon. proceedings occurred in the House Chamber: § 2.19 Pursuant to the inherent authority of the Chair in RECESS case of emergency, the At approximately 2 o’clock and 30 Speaker declared the House minutes p.m. a demonstration and the to be in recess for the pur- 1. 100 CONG. REC. 2434, 83d Cong. 2d pose of participating in an Sess. See also Ch. 4, § 2, supra. air-raid drill. 740

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00752 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

On Mar. 2, 1943,(1) while the AFTER RECESS House was discussing House Reso- At 3 o’clock and 4 minutes p.m., the lution 23, amending the rules to House was called to order by the establish a standing committee on Speaker. aviation, the Speaker declared the House to be in recess in order to The SPEAKER. The gentleman from participate in an air-raid drill. North Carolina [Mr. BULWINKLE] has The proceedings were as follows: the floor. ( ) The SPEAKER. 2 The time of the Motion to Authorize Speaker to gentleman from Massachusetts has expired. Declare Recess Mr. [Jack] NICHOLS [of Oklahoma]. Mr. Speaker, I offer an amendment. § 2.20 Under clause 4 of Rule The Clerk read as follows: XVI,(1) the Chair may enter- Amendment offered by Mr. NICH- tain a nondebatable motion OLS: On page 1, line 4, after ‘‘on’’ and that the Speaker be author- before ‘‘aviation’’, insert ‘‘civil and commercial.’’ ized to declare a recess (recesses) as being of equal Mr. [Alfred L.] BULWINKLE [of North Carolina]. Mr. Speaker, I rise in privilege with the motion to opposition to the amendment. adjourn. The SPEAKER. The gentleman from (2) North Carolina is recognized for 1 On Dec. 15, 1995, the first use hour. of the motion to authorize the Mr. BULWINKLE. Mr. Speaker—— Speaker to declare a recess sub- RECESS ject to the call of the Chair oc- The SPEAKER. Pursuant to the in- curred. The House may authorize herent power lodged in the Presiding the Speaker to declare (as the Officer in case of emergency, the Chair House could order directly) that it declares this House in recess subject to the call of the Chair for the purpose of stand in recess for a period con- participating in a practice air-raid sistent with the art. I § 5 constitu- drill. The alarm has sounded. Members will leave the Chamber as rapidly as tional constraint that neither possible, and the galleries will be House (recess or) adjourn for more cleared. than there days without the con- Accordingly (at 2 o’clock and 10 minutes p. m.) the House stood in recess, sent of the other. subject to the call of the Speaker. 1. House Rules and Manual §§ 911, 913 1. 89 CONG. REC. 1487, 78th Cong. 1st (2007). Sess. 2. 141 CONG. REC. 37107, 37108, 104th 2. Sam Rayburn (TX). Cong. 1st. Sess.

741

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00753 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

MOTION TO AUTHORIZE SPEAK- because they had not been assured in ER TO DECLARE RECESSES advance of notice as to when the House SUBJECT TO THE CALL OF could come back into session would be THE CHAIR THROUGH MON- DAY, DECEMBER 18, 1995 informed, given perhaps as much as 2 days’ notice as to when we may be Mr. [Richard] ARMEY [of Texas]. called into session. I wonder if the Mr. Speaker, I offer a privileged mo- Chair or the majority leader could as- tion. sure Members on both sides of the The SPEAKER pro tempore.(3) The aisle that sufficient notice will be given Clerk will report the motion. so that we can avoid that kind of prob- The Clerk read as follows: lem in the future. Mr. ARMEY moves that the Speaker The SPEAKER pro tempore. The may be authorized to declare recesses Chair believes this is a privileged mo- subject to the call of the chair through tion, the Chair believes that adequate Monday, December 18, 1995. notice will be given, and the Chair will defer to the majority leader in re- PARLIAMENTARY INQUIRY sponse to the parliamentary inquiry. Mr. [Victor] FAZIO of California. Mr. Mr. ARMEY. Mr. Speaker, if I might Speaker, I have a parliamentary in- respond to the gentleman from Cali- quiry. fornia that Members would be given The SPEAKER pro tempore. The ample notice before we would recon- gentleman will state his parliamentary vene this body. We obviously take this inquiry. measure in order for Members to be Mr. FAZIO of California. Mr. Speak- with their families later today, and to- er, as many Members may know, this morrow, and Sunday, insofar as it pos- procedure has never been used before, sible to do that. Should work present and it is my understanding that this itself that would be compelling enough procedure is being used to avoid a for us to interrupt that time with their problem we may anticipate down the families, we will first notify the Mem- road in terms of our ability to later ad- bers in ample time for them to return, journ the House. I wonder if perhaps and then second, of course, convene to the Chair or majority leader could en- take up that work.... lighten us. The last time the House Mr. FAZIO of California. I appre- failed to adjourn during the last Gov- ciate the gentleman’s assurance. ernment shutdown, Members on this The SPEAKER pro tempore. The side of the aisle were not notified ahead of time as to the Speaker’s in- question is on the motion offered by tentions regarding the length of the re- the gentleman from Texas (Mr. cesses called as a result. Regarding the ARMEY). length of recesses called, we would The question was taken; and the hope some Democratic Members who Speaker pro tempore announced that at that time ended up remaining in the ayes appeared to have it. their offices throughout the weekend Mr. FAZIO of California. Mr. Speak- er, I object to the vote on the ground 3. James Longley (ME). that a quorum is not present and make

742

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00754 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

the point of order that a quorum is not RESOLUTION AUTHORIZING THE present. SPEAKER TO DECLARE RE- The SPEAKER pro tempore. Evi- CESSES SUBJECT TO THE dently a quorum is not present. CALL OF THE CHAIR FROM DE- CEMBER 23, 1995, THROUGH The Sergeant at Arms will notify ab- DECEMBER 27, 1995 sent Members. The vote was taken by electronic de- Ms. [Deborah] PRYCE [of Ohio]. Mr. vice, and there were—yeas 215, nays Speaker, by direction of the Committee 152, not voting 65 as follows: on Rules, I call up House Resolution 320 and ask for its immediate consid- [Roll No. 863] . . . eration. The Clerk read the resolution, as fol- So the motion was agreed to. lows: The result of the vote was announced as above recorded. H. RES. 320 A motion to reconsider was laid on Resolved, That the Speaker may the table. declare recesses subject to the call of the Chair on the calendar days of During Specified Three-day Pe- Saturday, December 23, 1995, riods Committee on Rules in stages. The § 2.21 A privileged rule re- reported resolution was ordered reported when only a single three-day ported by the Committee on period for recesses was con- Rules (and amended on mo- templated. Then the need for a section of the floor manager) to ond and a third three-day period authorize the Speaker to de- arose. The third three-day segment clare the House in recesses spanning the remainder of the first subject to calls of the Chair session was included in § 3 to require that ‘‘after the House has been in during three discrete peri- session on the calendar day of Satur- ods, each consistent with the day, December 30’’ a third three-day art. I § 5 constitutional con- recess could be declared through straint that neither House 11:59 a.m. on Wednesday, Jan. 3, (recess or) adjourn for more 1996. This was sufficient to cover than three days without con- that final three-day period since re- quiring the House to be back in ses- sent of the other House. sion first. The use of a special rule On Dec. 21, 1995,(1) the fol- reported from the Committee on lowing proceedings occurred in the Rules was considered necessary (as House: amended) to cover recesses over multiple three-day periods, while the use 1. 141 CONG. REC. 38141–51, 104th of the privileged motion on Dec. 15, Cong. 1st Sess. 1995 (See § 2.20, supra) was consid- Parliamentarian’s Note: The privi- ered adequate to cover recesses dur- leged resolution was drafted for the ing a single three-day period.

743

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00755 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

through Wednesday, December 27, I want to remind my colleagues, Mr. 1995. A recess declared pursuant to Speaker, that the Constitution pro- this resolution may not extend be- hibits the House from recessing for yond the calendar day of Wednesday, December 27, 1995. more than 3 days—any recess or adjournment longer than 3 days requires The SPEAKER pro tempore.(2) The the concurrence of the other body. gentlewoman from Ohio [Ms. PRYCE] is When the Democrats were in the recognized for 1 hour. majority, we never passed a rule mak- Ms. PRYCE. Mr. Speaker, for pur- ing a recess an adjournment. If Con- poses of debate only, I yield the cus- gress needed to adjourn, we ad- tomary 30 minutes to the gentleman journed.... from Massachusetts [Mr. MOAKLEY], Mr. [Gerald B. H.] SOLOMON [of the distinguished ranking member of New York]. . . . [I]f I could just re- the Committee on Rules, pending claim my time, if the gentlewoman has which I yield myself such time as I a little extra time, if we had made may consume. some progress the last time and if we During consideration of this resolu- felt there was really sincerity at the tion, all time yielded is for the purpose other end of Pennsylvania Avenue, I of debate only. would be up here fighting for you for Mr. Speaker, House Resolution 320 that CR. But the trouble is, you know is a simple, straightforward resolution the President the other day met with that allows the Speaker of the House the Republican leaders, President to declare recesses subject to the call of DOLE—he will be in in about a year— the Chair on the calendar days of Sat- but Senator DOLE and Speaker GING- urday, December 23, 1995, through RICH, and when he came out of that Wednesday, December 27, 1995. The meeting we were all excited because resolution further provides that any such recess may not extend beyond the we really thought we had made some calendar day of Wednesday, December progress. 27, 1995. The Vice President AL GORE comes Mr. Speaker, the Rules Committee out and refutes almost everything that brings this resolution to the floor today was said there. Then the Speaker’s for several important reasons. First, press secretary about an hour later the resolution specifically provides for came out and even changed what Vice the Speaker to declare recesses, and President GORE was saying. Then on not to adjourn the House at the end of top of that, our former colleague, Mr. business this week. This is an impor- Panetta, the Chief of Staff of the Presi- tant distinction which will permit the dent, comes out and says something House to be on stand-by should further else. progress be made in budget and other . . . [I]t is so frustrating and con- negotiations between our leadership fusing. It is hard to have faith that and the White House.... there is going to be anything there. Mr. [John Joseph] MOAKLEY [of That is why we cannot gamble. We Massachusetts].... have to hold their nose to the grind- stone and see if we cannot make some 2. Bill Barrett (NE). progress. I am trying....

744

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00756 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

Mr. MOAKLEY. Mr. Speaker, I yield izing the Speaker to declare recesses myself such time as I may consume. subject to the call of the Chair. Mr. Speaker, I urge my colleagues to The amendment I will offer would vote ‘‘no’’ on the previous question. If authorize the Speaker to declare re- the previous question is defeated, I will cesses subject to the call of the Chair offer an amendment so that this House on calendar day Thursday, December does not recess until we adopt a clean 28, through Saturday, December 30. continuing resolution keeping the Gov- The amendment would further pro- ernment running until January 26. vide that after the House has been in I include for the RECORD my pro- session on calendar day Saturday, De- posed amendment. cember 30, the Speaker may declare recesses subject to the call of the Chair PREVIOUS QUESTION AMENDMENT TO RECESS RESOLUTION on calendar day Saturday, December 30, through Wednesday, January 3. At the end of the resolution, add the following: Mr. Speaker, the Speaker needs this ‘‘SEC. . Immediately upon the authority to keep the House in recess adoption of this resolution the House next week subject to the call of the shall without intervention of any Chair, pending the ongoing negotia- point of order consider in the House tions over the budget. the joint resolution (H.J. Res. 131) Members should be aware that the making further continuing appropriations for the fiscal year 1996, House will not be adjourned, but rath- and for other purposes. The joint res- er in recess on standby, should budget olution shall be debatable for one negotiations prove successful. hour equally divided and controlled by the Chairman and ranking minor- AMENDMENT OFFERED BY MS. PRYCE ity member of the Committee on Ap- propriations. The previous question Ms. PRYCE. Mr. Speaker, I offer an shall be considered as ordered on the amendment authorized by the Com- joint resolution to final passage with- mittee on Rules. out intervening motion except one motion to recommit with or without The Clerk read as follows: instructions. Amendment offered by Ms. PRYCE SEC. . The recess authority pro- of Ohio: Strike all after the Resolved vided in the previous sections of this clause and insert: resolution shall be effective only on That the Speaker may declare re- or after the date on which H.J. Res. cesses subject to the call of the Chair 131 is presented to the President for on the calendar days of Saturday, approval.’’ December 23, 1995, through Wednes- day, December 27, 1995. Mr. Speaker, I have no further re- SEC. 2. The Speaker may declare quests for time, and I yield back the recesses subject to the call of the balance of my time. Chair on the calendar days of Thurs- Ms. PRYCE. Mr. Speaker, I yield day, December 28, 1995, through myself the balance of my time. Saturday, December 30, 1995. SEC. 3. After the House has been Mr. Speaker, House Resolution 320 in session on the calendar day of was reported by the Committee on Saturday, December 30, 1995, the Rules last night by voice vote author- Speaker may declare recesses subject

745

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00757 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

to the call of the Chair on the cal- on the amendment offered by the gen- endar days of Saturday, December tlewoman from Ohio [Ms. PRYCE]. 30, 1995, through Wednesday, Janu- ary 3, 1996. The amendment was agreed to. SEC. 4.(a) A recess declared pursu- The SPEAKER pro tempore. The ant to the first section of this resolu- question is on the resolution, as tion may not extend beyond the cal- amended. endar day of Wednesday, December 27, 1995. The question was taken; and the (b) A recess declared pursuant to Speaker pro tempore announced that section 2 of this resolution may not the noes appeared to have it. extend beyond the calendar day of Saturday, December 30, 1995. RECORDED VOTE (c) A recess declared pursuant to section 3 of this resolution may not Ms. PRYCE. Mr. Speaker, I demand extend beyond 11:55 a.m. on the cal- a recorded vote. endar day of Wednesday, January 3, A recorded vote was ordered. 1996. The vote was taken by electronic de- Ms. PRYCE. Mr. Speaker, I have no vice, and there were — ayes 224, noes further requests for time, I yield back 186, not voting 24, as follows: the balance of my time, and I move the previous question on the resolution. [Roll No. 879] . . . The SPEAKER pro tempore. The So the resolution, as amended, was question is on ordering the previous agreed to. question. The result of the vote was an- The question was taken; and the Speaker pro tempore announced that nounced as above recorded. the noes appeared to have it. A motion to reconsider was laid on Ms. PRYCE. Mr. Speaker, I object to the table. the vote on the ground that a quorum is not present and make the point of Declaring Recess When No order that a quorum is not present. Question is Pending Before The SPEAKER pro tempore. Evi- the House dently a quorum is not present. The Sergeant at Arms will notify ab- sent Members. § 2.22 A Member’s mere revela- The vote was taken by electronic de- tion that he seeks to offer a vice, and there were—yeas 228, nays motion to adjourn does not 179, not voting 26, as follows: suffice to make the motion [Roll No. 878]... pending, and thus the Chair remains able to declare a So the previous question was ordered. short recess under clause 12 (1) The result of the vote was an- of Rule I. nounced as above recorded. The SPEAKER pro tempore (Mr. 1. House Rules and Manual § 638 BARRETT of Nebraska). The question is (2007).

746

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00758 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

On June 25, 2003,(2) the fol- has the authority to declare the House lowing proceedings took place be- in recess. As such, pursuant to clause tween recognitions for special- 12(a) of rule I, the chair declares a recess subject to the Call of the Chair. order speeches: Accordingly (at 11 o’clock and 15 RECESS minutes p.m.), the House stood in recess subject to the call of the Mr. [Sherrod] BROWN of Ohio. Mr. Chair.... Speaker, I move the House adjourn until tomorrow at 10 a.m. b 0618 Mr. [Frank] PALLONNE [Jr., of New Jersey]. I second the motion, Mr. f Speaker. AFTER RECESS The SPEAKER pro tempore.(3) Pur- suant to clause 12(a) of rule I, the The recess having expired, the Chair declares the House in recess House was called to order by the subject to the call of the Chair. Speaker pro tempore (Mr. DREIER) at 6 o’clock and 18 minutes a.m., Thursday, PARLIAMENTARY INQUIRY June 26, 2003, Legislative Day, Mr. BROWN of Ohio. Mr. Speaker, Wednesday, June 25, 2003.... parliamentary inquiry. Does a motion f to adjourn not take precedence over any other motion? ADJOURNMENT The SPEAKER pro tempore. The chair did not recognize the gentleman Ms. PRYCE of Ohio. Mr. Speaker, I for that purpose. There is therefore no move that the House do now adjourn. question now pending before the Chair The motion was agreed to; accord- at this time, and the Chair may de- ingly (at 6 o’clock and 20 minutes clare a recess. a.m.), the House adjourned until today, Ms. [Marcy] KAPTUR [of Ohio]. Mr. Thursday, June 26, 2003, at 10 a.m. Speaker, parliamentary inquiry. The SPEAKER pro tempore. For § 2.23 Having postponed pro- what purpose does the gentlewoman ceedings on a pending ques- from Ohio rise? tion under clause 5 of Rule Ms. KAPTUR. I would like to make (1) an inquiry of the Chair as to why the I, the Speaker may declare gentleman from Ohio’s parliamentary a recess for a short time request to adjourn the House was not under clause 12 of Rule I(2) received by the Chair. The SPEAKER pro tempore. When 1. Amended form of this rule can now there is no question pending, the Chair be found under Rule XX clause 8, House Rules and Manual § 1030 2. 149 CONG. REC. 16241, 16243, 108th (2007). Cong. 1st Sess. 2. House Rules and Manual § 638 3. Scott Garrett (NJ). (2007).

747

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00759 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

(there being no question diately confer recognition, then pending before the such that a Member’s mere House). revelation that he seeks to On Apr. 30, 1998,(3) the fol- offer a motion to adjourn lowing occurred on the floor of the does not suffice to make that House: motion ‘‘pending’’. (1) The previous question was ordered. On Oct. 28, 1997, the fol- The SPEAKER pro tempore.(4) The lowing proceedings occurred in the question is on the resolution. House: The question was taken; and the Speaker pro tempore announced that MOTION OFFERED BY MR. ENSIGN the ayes appeared to have it. Mr. [Tony P.] HALL of Ohio. Mr. The SPEAKER pro tempore.(2) For Speaker, on that I demand the yeas what purpose does the gentleman from and nays. Nevada rise? The yeas and nays were ordered. Mr. [John] ENSIGN [of Nevada]. Mr. The SPEAKER pro tempore. Pursu- Speaker, I have a motion at the desk.

ant to clause 5 of rule I, further pro- f ceedings on this question are postponed until later today. RECESS f The SPEAKER pro tempore. Under clause 12 of rule I, the Chair declares RECESS the House in recess at this time sub- The SPEAKER pro tempore. Pursu- ject to the call of the Chair, there ant to clause 12 of rule I, the Chair de- being no business pending at this clares the House in recess subject to point. the call of the Chair. Accordingly (at 1 o’clock and 15 min- Accordingly (at 3 o’clock and 14 minutes p.m.), the House stood in recess utes p.m.), the House stood in recess subject to the call of the Chair. subject to the call of the Chair. The f bells will be rung 15 minutes prior to reconvening. b 1701 § 2.24 The customary inquiry AFTER RECESS by the Chair asking ‘‘For The recess having expired, the what purpose does the gen- House was called to order by the tleman rise?’’ does not imme- Speaker pro tempore [Mr.

3. 144 CONG. REC. 7380, 7381, 105th 1. 143 CONG. REC. 23524, 23525, 105th Cong. 2d Sess. Cong. 1st Sess. 4. Jo Ann Emerson (MO). 2. Vincent K. Snowbarger (KS).

748

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00760 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

SNOWBARGER] at 5 o’clock and 2 min- declaring a recess subject to utes p.m. the call of the Chair. f On Dec. 14, 2000,(2) the fol- MOTION TO ADJOURN lowing events occurred: Mr. ENSIGN. Mr. Speaker, I offer a RECESS privileged motion. The SPEAKER pro tempore.(3) Pur- The SPEAKER pro tempore. The suant to clause 12 of rule I, the Chair Clerk will report the privileged motion. declares the House in recess subject to The Clerk read as follows: the call of the Chair. Mr. ENSIGN moves that the House Accordingly (at 4 o’clock and 13 min- do now adjourn. utes p.m.), the House stood in recess The SPEAKER pro tempore. The subject to the call of the Chair. question is on the motion to adjourn offered by the gentleman from Nevada f [Mr. ENSIGN]. The question was taken; and the b 0056 Speaker pro tempore announced that AFTER RECESS the noes appeared to have it.... The vote was taken by electronic de- The recess having expired, the vice, and there were — yeas 52, nays House was called to order by the 359, answered ‘‘present’’ 1, not voting Speaker pro tempore (Mr. SHIMKUS) at 21, as follows: 12 o’clock and 56 minutes a.m. [Roll No. 532] . . . The SPEAKER pro tempore. The House will be in order. So the motion to adjourn was re- jected. f The result of the vote was announced as above recorded. RECESS The SPEAKER pro tempore (Mr. Examples of Overnight and SHIMKUS). Pursuant to clause 12 of Other Recesses rule I, the Chair declares the House in recess subject to the call of the Chair. § 2.25 Under clause 12 of Rule Accordingly (at 12 o’clock and 57 ( ) I, 1 the Speaker may ‘‘sus- minutes a.m.), the House stood in re- pend the business of the cess subject to the call of the House for a short time when Chair.... no question is pending’’ by 2. 146 CONG. REC. 26657, 106th Cong. 1. House Rules and Manual § 638 2d Sess. (2007). 3. John M. Shimkus (IL).

749

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00761 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

b 0905 REPORT ON RESOLUTION WAIVING SAME DAY CONSID- AFTER RECESS ERATION OF CERTAIN RESO- LUTIONS REPORTED BY THE The recess having expired, the COMMITTEE ON RULES House was called to order by the Speaker pro tempore (Mr. PEASE)(4) at Mr. LINDER, from the Committee 9 o’clock and 5 minutes a.m. on Rules, submitted a privileged report (Rept. No. 106–1032) on certain resolu- f tions waiving a requirement of clause 6(a) of rule XIII with respect to consid- REPORT ON RESOLUTION PRO- eration of certain resolutions reported VIDING FOR CONSIDERATION from the Committee on Rules, which OF H.J. RES. 133, MAKING FUR- was referred to the House Calendar THER CONTINUING APPRO- and ordered to be printed. PRIATIONS FOR FISCAL YEAR 2001 f Mr. LINDER, from the Committee on Rules, submitted a privileged report RECESS (Rept. No. 106–1030) on the resolution The SPEAKER pro tempore. Pursu- (H. Res. 674) providing for consider- ant to clause 12 of rule I, the Chair de- ation of the joint resolution (H.J. Res. clares the House in recess subject to 133) making further continuing appro- the call of the Chair. priations for fiscal year 2001, and for Accordingly (at 9 o’clock and 7 min- other purposes, which was referred to utes a.m.), the House stood in recess the House Calendar and ordered to be subject to the call of the Chair. printed. f f b 0944 REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION AFTER RECESS OF H.J. RES. 134, MAKING FUR- The recess having expired, the THER CONTINUING APPRO- PRIATIONS FOR FISCAL YEAR House was called to order by the 2001 Speaker pro tempore (Mr. PEASE) at 9 o’clock and 44 minutes a.m. Mr. LINDER, from the Committee on Rules, submitted a privileged report Parliamentarian’s Note: The (Rept. No. 106–1031) on the resolution House reconvened solely to avoid (H. Res. 675) providing for consider- breaking the record for the length ation of the joint resolution (H.J. Res. of a ‘‘short’’ recess under clause 12 134) making further continuing appro- of Rule I (see § 2.26, infra, [10 priations for fiscal year 2001, and for hours]). These two longer recesses other purposes, which was referred to the House Calendar and ordered to be spanned a period of nearly 17 printed. hours. The third, 37-minute recess that immediately preceded ad- 4. Edward A. Pease (IN). journment was spent waiting in 750

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00762 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 2

vain for the filing of a conference A motion to reconsider was laid on report. the table. § 2.26 Instances in which, fol- f lowing the refusal of the MOTION TO ADJOURN House to adjourn on a roll- call vote, the ‘‘short time’’ for Mr. [John E.] LINDER [of Georgia]. Mr. Speaker, I move that the House do which business was sus- now adjourn. pended by a recess pursuant The SPEAKER pro tempore (Mr. (1) to clause 12 of Rule I was EMERSON.)(4) The question is on the invoked by the Chair to ef- motion offered by the gentleman from fectively recess the House Georgia [Mr. LINDER]. from 3:14 p.m. on Saturday, The question was taken; and the Nov. 18, to 8:40 p.m. on Sun- Speaker pro tempore announced that day, Nov. 19, by expiring and the ayes appeared to have it. redeclaring the recesses as Mr. [James P.] MORAN [of Virginia]. Mr. Speaker, on that I demand the follows: (1) from 3:14 p.m. to yeas and nays. 10 p.m. on Saturday (6 hrs. 46 The yeas and nays were ordered. mins.); (2) from 10:01 p.m. on The vote was taken by electronic de- Saturday to 9:01 a.m. on Sun- vice, and there were—yeas 32, nays day (11 hrs.); (3) from 9:01 361, answered ‘‘present’’ 1, not voting a.m. to 4 p.m. on Sunday (6 38, as follows: hrs. 59 mins.); and (4) from [Roll No. 819]... 4:01 p.m. to 8:40 p.m. on Sun- day (4 hrs. 39 mins.). So the motion to adjourn was re- jected. (2) On Nov. 18, 1995, and on The result of the vote was an- ( ) Nov. 19, 1995, 3 the following pro- nounced as above recorded. ceedings occurred in the House: f b 1444 So, (two-thirds having voted in favor RECESS thereof) the rules were suspended and The SPEAKER pro tempore (Mr. the joint resolution was passed. The result of the vote was an- EMERSON). Pursuant to clause 12 of nounced as above recorded. rule I, the House will stand in recess, subject to the call of the Chair. 1. House Rules and Manual § 638 Accordingly (at 3 o’clock and 14 min- (2007). utes p.m.), the House stood in recess 2. 141 CONG. REC. 33996, 33997, 104th subject to the call of the Chair. Cong. 1st Sess. 3. Id. at p. 34036. 4. Bill Emerson (MO).

751

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00763 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A Ch. 39 § 2 DESCHLER-BROWN-JOHNSON PRECEDENTS

b 2200 clares the House in recess subject to the call of the Chair.... AFTER RECESS f The recess having expired, the House was called to order by the b 1600 Speaker pro tempore (Mr. GOSS) at 10 o’clock p.m. AFTER RECESS The recess having expired, the f House was called to order by the Speaker pro tempore (Mr. GOSS) at 4 ANNOUNCEMENT BY THE o’clock p.m. SPEAKER PRO TEMPORE f The SPEAKER pro tempore.(5) The Chair desires to announce that pursu- RECESS ant to clause 4 of rule I, the Speaker signed the following enrolled bills dur- The SPEAKER pro tempore. Pursu- ing the recess today: H.R. 2020, H.R. ant to clause 12 of rule I, the Chair declares the House in recess, subject to 2126, and H.R. 2492. the call of the Chair.

f Accordingly (at 4 o’clock and 1 minute p.m.), the House stood in recess subject to the call of the Chair. RECESS The SPEAKER pro tempore. Pursu- f ant to clause 12, rule I, the Chair de- b 2040 clares the House in recess subject to the call of the Chair. AFTER RECESS Accordingly, (at 10 o’clock and 1 The recess having expired, the minute p.m.), the House stood in recess House was called to order by the subject to the call of the Chair. Speaker pro tempore (Mr. DAVIS)(6) at 8 o’clock and 49 minutes p.m. f

f AFTER RECESS MESSAGE FROM THE SENATE The recess having expired, the House was called to order by the A message from the Senate by Mr. Speaker pro tempore (Mr. GOSS) at 9 Lundregan, one of its clerks, an- o’clock and 1 minute a.m. nounced that the Senate had passed with an amendment a joint resolution f of the House of the following title:

H.J. RES. 123 RECESS Making further continuing appro- The SPEAKER pro tempore. Pursu- priations for fiscal year 1996, and for ant to clause 12 of rule I, the Chair de- other purposes.

5. Porter J. Goss (FL). 6. Thomas M. Davis (VA).

752

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00764 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A RECESS Ch. 39 § 3

§ 2.27 Instance where the ADJOURNMENT House recessed for almost 10 The SPEAKER pro tempore. Without hours under the Speaker’s objection, the House stands adjourned clause 12, Rule I(1) authority until 12 noon Monday next. to declare a ‘‘short’’ recess (to There was no objection. Accordingly (at 10 o’clock and 39 allow the chairman of the minutes p.m.), under its previous Committee on the Judiciary order, the House adjourned until Mon- to introduce through the day, March 21, 1994, at 12 noon....

hopper a major crime bill to f be considered on the floor the following week). PUBLIC BILLS AND RESOLUTIONS On Mar. 18, 1994,(2) the Chair, Under clause 5 of rule X and clause 4 of rule XXII, public bills and resolu- after a 10-hour recess, declared tions were introduced and severally re- the House adjourned by unani- ferred as follows: . . . mous consent (i.e., without mo- By Mr. BROOKS (for himself, Mr. tion): EDWARDS of California, Mr. HUGHES, and Mr. SCHUMER): RECESS H.R. 4092. A bill to control and pre- The SPEAKER pro tempore.(3) Pur- vent crime; jointly, to the Committees on suant to clause 12, rule I, the Chair the Judiciary, Education and Labor, En- declares the House in recess subject to ergy and Commerce, Banking, Finance the call of the Chair. and Urban Affairs, and Government Op- erations. Accordingly (at 12 o’clock and 55 minutes p.m.) the House stood in recess subject to the call of the Chair. § 3. Purposes f

b 2238 Recesses are used when the House wishes to suspend business AFTER RECESS on the floor to await resumption The recess having expired, the of subsequent legislative business, House was called to order by the including time to be permitted for Speaker pro tempore [Mr. BROOKS](4) Members to return to the House at 10 o’clock and 38 minutes p.m.... upon a joint leadership recall from an adjournment to a day cer- 1. Id. at § 638. tain,(1) or to permit ceremonies, 2. 140 CONG. REC. 5468, 103d Cong. 2d caucuses, or security or other in- Sess. formational (both secret and open) 3. Robert Filner (CA). 4. Jack B. Brooks (TX). 1. See § 3.12, infra.

753

VerDate 0ct 09 2002 14:45 Jan 25, 2011 Jkt 000000 PO 00000 Frm 00765 Fmt 8875 Sfmt 8875 F:\PRECEDIT\VOL17\17COMP~1 27-2A